Case Note & Summary
The case involves an appeal by the original claimant, a minor injured in a motor accident, against the judgment and award dated 15.03.2022 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in MAC Petition No.101 of 2016. The minor, Ikbal Salim Kevar, aged about 10 years, was standing by the side of the road on 23.02.2016 when a Bolero vehicle (Reg. No. GJ-12-AV-5859) driven rashly and negligently hit him, causing permanent partial disablement. The claimant, through his natural guardian and father, filed a claim petition seeking compensation. The Tribunal partly allowed the claim, awarding Rs. 17,52,000/- with 7.5% interest. The appellant challenged the award on the grounds that the Tribunal erred in assessing the notional income at Rs. 10,000/- per month instead of Rs. 20,000/-, and failed to appreciate that the 67.53% disability resulted in 100% reduction in working capability. The appellant also contended that the amounts awarded under other heads were meager. The respondent insurance company opposed the appeal, arguing that the Tribunal had properly appreciated the evidence. The High Court, after hearing both sides, enhanced the notional income to Rs. 15,000/- per month, applied 40% future prospects, and used a multiplier of 18. The court assessed functional disability at 67.53% and calculated loss of future income as Rs. 15,000 x 12 x 18 x 67.53% = Rs. 21,88,000/- (rounded off). The court also enhanced compensation for pain, shock and suffering from Rs. 50,000/- to Rs. 1,00,000/-, for attendant charges from Rs. 25,000/- to Rs. 50,000/-, and awarded Rs. 25,000/- for loss of amenities and Rs. 25,000/- for special diet and transportation. The total compensation was enhanced to Rs. 23,88,000/- with 7.5% interest per annum from the date of petition till realization. The appeal was allowed accordingly.
Headnote
A) Motor Accident Compensation - Minor Injured - Notional Income - Permanent Partial Disability - The court considered the case of a minor claimant who suffered 67.53% permanent partial disability due to a motor accident. The Tribunal had assessed notional income at Rs. 10,000/- per month and applied 40% future prospects. The High Court enhanced the notional income to Rs. 15,000/- per month based on the principle that a minor's earning capacity should be assessed reasonably, and applied 40% future prospects. The court also considered the functional disability and awarded compensation under various heads including pain, shock and suffering, and attendant charges. (Paras 1-16) B) Motor Accident Compensation - Heads of Compensation - Pain and Suffering - Attendant Charges - The court enhanced compensation for pain, shock and suffering from Rs. 50,000/- to Rs. 1,00,000/-, and for attendant charges from Rs. 25,000/- to Rs. 50,000/-, considering the nature of injuries and permanent disability. The court also awarded Rs. 25,000/- for loss of amenities and Rs. 25,000/- for special diet and transportation. (Paras 12-15) C) Motor Accident Compensation - Multiplier for Minor - The court applied a multiplier of 18 as per the age of the minor (10 years) following the principles in Sarla Verma v. DTC. (Para 11)
Issue of Consideration
Whether the compensation awarded by the Tribunal to a minor injured with permanent partial disability is just and proper, and whether the notional income and disability assessment require enhancement.
Final Decision
The appeal is allowed. The judgment and award dated 15.03.2022 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in MAC Petition No.101 of 2016 is modified. The appellant-claimant is entitled to total compensation of Rs. 23,88,000/- with interest at 7.5% per annum from the date of petition till realization. The respondent insurance company is directed to deposit the enhanced amount with accrued interest within eight weeks.
Law Points
- Notional income for minor injured
- permanent partial disability assessment
- multiplier for minor
- compensation under Motor Vehicles Act
- 1988
